If you have an explanation for how a disabled TPM can restrict OS bootlegging, I'm all ears. Otherwise I'm inclined to dismiss your parsing of "on" versus "turned on". For a TPM to serve
to restrict OS distribution, it seems it must be enabled, which was my point. It would make TPM activation compulsory, apparently involve OS encryption, and likely migrate machine AND TPM setup to the OEM and away from the end-user. (This is contrary to the current TCG dogma).
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